Van der Blomen v. City of Milwaukee
Wisconsin Supreme Court
Aeread from a judgment of the circuit court for Milwaukee county: W. J. TueNer, Circuit Judge. Personal injury. Pall on sidewalk. On October 6, 1915, the plaintiff, while walking northwesterly on the easterly side of West Water street in the city of Milwaukee, fell and was injured. She alleges that her fall was caused by a depression in the cement sidewalk, which, according to undisputed evidence, was not to exceed one and one-quarter inches deep.
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Aeread from a judgment of the circuit court for Milwaukee county: W. J. TueNer, Circuit Judge. Personal injury. Pall on sidewalk. On October 6, 1915, the plaintiff, while walking northwesterly on the easterly side of West Water street in the city of Milwaukee, fell and was injured. She alleges that her fall was caused by a depression in the cement sidewalk, which, according to undisputed evidence, was not to exceed one and one-quarter inches deep. Judgment was rendered in favor of the plaintiff upon a special verdict, and from that judgment defendant appeals. Other facts are stated in the…
1Opinion of the CourtEoseNBehev, J.
Defendant claims that tbe judgment should be reversed for two reasons: (1) that the defect which existed in the sidewalk was not actionable, and"(2) that the plaintiff was guilty of contributory negligence.
The sidewalk in question was built of concrete and was constructed in the ordinary way in squares. At the point where the corners of four blocks came together there was an inequality in the sidewalk, caused, as appears from the cast offered and received in evidence, by a slight depression in one block and an elevation in the adjacent block immediately to the north of it. From the bottom of…
2Cases cited2 opinions
- Kleiner v. City of MadisonWisconsin Supreme Court · 1899
- Johnson v. City of Eau ClaireWisconsin Supreme Court · 1912
3Cited by10 opinions
- City of Tulsa v. FryeSupreme Court of Oklahoma · 1933
- McChain v. City of Fond Du LacWisconsin Supreme Court · 1959
- Sipprell v. Merner MotorsNebraska Supreme Court · 1957
- Smith v. City of TulsaSupreme Court of Oklahoma · 1935
- Padden v. City of MilwaukeeWisconsin Supreme Court · 1921
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